Lowest bid with preconditions
In order to curb the frequent phenomenon of "winning the bid with malicious low price" in the market, the Ministry of Housing and Urban-Rural Development requires in the "Thirteenth Five-Year Plan for the Development of Construction Industry" that winning the bid with the lowest price must meet two preconditions:
The whole bidding process is electronic to ensure openness and transparency.
Provide performance guarantee.
In addition, the revision of "Bidding Scope and Scale Standard" will also be one of the "highlights" of this year's bidding reform.
Modify the bidding scope
On February 2 1 day, the General Office of the State Council pointed out in the Opinions on Promoting the Sustainable and Healthy Development of the Construction Industry:
Accelerate the revision of the standard provisions on the scope and scale of bidding for construction projects, and narrow and strictly define the scope of construction projects that must be subject to bidding.
On March 20th, the State Council has included this content in the legislative plan of 20 17, striving to complete it in 20 17.
So, which projects must be tendered at present?
1, the scope of the project subject to tender
According to Article 3 of the Bidding Law, the following engineering construction projects, including engineering survey, design, construction, supervision and procurement of important equipment and materials related to engineering construction, must be subject to bidding:
(a) large-scale infrastructure, public utilities and other projects related to social interests and public safety;
(2) Projects that are wholly or partially invested with state-owned funds or financed by the state;
(3) Projects that use loans or aid funds from international organizations or foreign governments.
[analysis]
1) We should accurately grasp the scope of the project subject to tender, and at the same time pay attention to the contents of the tender, including survey, design, construction, supervision and procurement of important equipment and materials (don't forget the word "important").
2) If private investment projects meet the conditions in (1), they must also be invited to bid. For example, private investment in commercial housing projects.
2. Project scale
All construction projects, such as engineering survey, design, supervision, construction and procurement of important equipment and materials related to engineering construction, which meet one of the following standards, must be tendered:
(a) the estimated price of a single construction contract is more than 2 million yuan;
(two) the procurement of important equipment, materials and other goods, the estimated price of a single contract is more than/kloc-0 million yuan;
(three) the estimated price of a single contract for the procurement of services such as survey, design and supervision is more than 500,000 yuan;
(4) The estimated price of a single contract is lower than the standards specified in 1, 2 and 3. However, the total investment of the project exceeds 30 million yuan.
[analysis]
1) The above provisions on these amounts must be accurately grasped, especially when the total investment of the project is more than 30 million yuan.
2) The project that must be subject to tender must meet two conditions: it must be within the scope of tender and must meet the corresponding standards. However, a project that does not meet the above two conditions at the same time may be invited to bid, although it is not a project that must be invited to bid.
Of course, the above standards are currently being implemented. What will happen this year? Let's wait and see!
Items that cannot be tendered
If it is not a project that must be tendered, it may not be tendered. At the same time, there are also conditions that meet the requirements of projects that must be tendered, but in some special circumstances, bidding may not be required.
1, no bidding is required.
Article 12 of the Measures for Bidding and Tendering of Construction Projects stipulates that a construction project that must be subject to construction bidding according to law may not be subject to construction bidding under any of the following circumstances:
(a) involving national security, state secrets, emergency rescue and disaster relief, or the use of migrant workers because of special circumstances such as the use of poverty alleviation funds to implement work-for-relief, which is not suitable for bidding;
(two) the main construction technology adopts irreplaceable patents or proprietary technologies;
(3) Investors in franchise projects selected through bidding can build their own projects according to law;
(4) Buyers can build their own houses according to law;
(five) the original winning bidder still has the ability to contract the additional minor projects or main storey-adding projects in the construction process, and others bear the requirements that will affect the construction or functional support;
(six) other circumstances stipulated by the state.
2. You can invite public bidding.
In addition, Article 11 stipulates that a project that must be publicly tendered according to law may be invited to tender under any of the following circumstances:
(a) the project technology is complex or has special requirements, or limited by the natural geographical environment, and only a few potential bidders can choose;
(two) involving national security, state secrets or disaster relief, suitable for public bidding;
(3) The cost of public bidding accounts for a large proportion of the project contract amount.
Seven situations of invalid bidding
According to the provisions of the Measures for Tendering and Bidding of Construction Projects, the following seven types of situations are "invalid bids".
1, according to the law, bidding is required but not required. If a project that must be subject to construction bidding in accordance with the law fails to conduct bidding in violation of the law, the bidding will be invalid.
2. Leak the subject matter. If a tenderer discloses to others the names and quantities of potential bidders who have obtained the tender documents or other tender information that may affect fair competition, or discloses the pre-tender estimate that affects the winning bid, its bid is invalid.
3, bidding, collusion. If bidders collude with each other or with the tenderee in bidding, or if bidders offer bribes to the tenderee or members of the bid evaluation committee in order to win the bid, their bids shall be invalid.
4. Bid in the name of others. If a bidder bids in the name of another person or fraudulently wins the bid by other means, its bid is invalid.
5. The bidding agency leaked the bidding information, which affected the winning bid. The tendering agency divulges confidential information and materials related to tendering and bidding activities, or colludes with tenderers and bidders to harm national interests, social public interests or the legitimate rights and interests of others, thus affecting the result of winning the bid. If the winning bidder is the beneficiary, its bid is invalid.
6. When bidding, the bidder contacts privately. If the tenderer negotiates with the bidder on the bidding price, bidding scheme and other substantive contents in violation of the law, which affects the winning result, its bid shall be invalid.
7 illegal determination or replacement of bid evaluation experts. If the tenderer illegally determines or replaces the members of the bid evaluation committee, the bid evaluation decision made by him shall be invalid.
"The bid is invalid", then the bid-winning notice and the signed construction contract are also invalid and have no legal binding force. The project funds that construction enterprises should get will not be guaranteed by law.